Bill 4202

                    Current Status

Bill Number:               4202
Ratification Number:       680
Act Number                 555
Introducing Body:          House
Subject:                   Authorized copying fees revised

(A555, R680, H4202)

AN ACT TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION AND COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES A PUBLIC BODY MAY COLLECT FOR MAKING COPIES OF THESE RECORDS, SO AS TO PROVIDE THAT FEES CHARGED BY A PUBLIC BODY MUST BE UNIFORM FOR COPIES OF THE SAME RECORD OR DOCUMENT, EXCEPT THAT MEMBERS OF THE GENERAL ASSEMBLY MAY RECEIVE COPIES OF RECORDS OR DOCUMENTS AT NO CHARGE FROM PUBLIC BODIES WHEN THEIR REQUEST RELATES TO THEIR LEGISLATIVE DUTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Authorized copying fees revised

SECTION 1. Section 30-4-30(b) of the 1976 Code is amended to read:

"(b) The public body may establish and collect fees not to exceed the actual cost of searching for or making copies of records. Fees charged by a public body must be uniform for copies of the same record or document. However, members of the General Assembly may receive copies of records or documents at no charge from public bodies when their request relates to their legislative duties. The records must be furnished at the lowest possible cost to the person requesting the records. Records must be provided in a form that is both convenient and practical for use by the person requesting copies of the records concerned, if it is equally convenient for the public body to provide the records in this form. Documents may be furnished when appropriate without charge or at a reduced charge where the agency determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public. Fees may not be charged for examination and review to determine if the documents are subject to disclosure. Nothing in this chapter prevents the custodian of the public records from charging a reasonable hourly rate for making records available to the public nor requiring a reasonable deposit of these costs before searching for or making copies of the records."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 6th day of June, 1990.